Contract Disputes

Walker Law was recently successful in obtaining a court order for the issuance of a lien called a Certificate of Pending Litigation (“CPL”). To read the decision, please click here. A CPL is a notice to the public, which is registered on title, that (the interest or title to) the land is currently subject to...Read More

Employment law has been criticized in Ontario for producing inconsistent case law in situations of termination without cause where the employee has worked for one year or less. In such situations, despite the brief employment period, terminated employees have found themselves getting a notice period that at times approaches or, on rare occasions, even surpasses...Read More

As we approach the end of 2023, we wish to bring to your attention five laws that will be or continue to be effective in 2024. Notice of Termination The Federal Government announced that effective on February 1, 2024, sections of the Budget Implementation Act, 2018, No. 2 come into force.  Included are changes to...Read More

For many people, buying a home will be the biggest purchase one makes during their lifetime. While most recognize the significance of signing an agreement of purchase and sale on the dotted line, many might be surprised to know there are substantial legal consequences that can flow from dealings at much earlier stages of the...Read More

The duty to mitigate requires parties who suffer harm to take reasonable steps to limit the extent of their damages caused by defendants. A recent Court of Appeal case clarified that independent contractors are required to mitigate their damages when facing breaches in fixed-term contracts. Previously, leading case law on this topic focused on the...Read More

In contract, cases often seem to come down to basic, fundamental principles. Where those principles are not all carefully considered, an employment lawyer who thinks they just drafted the perfect contract for their client might wind up having given them a contract that is entirely unenforceable, which means that it has no legal effect. Giving...Read More

It is commonly known that the incorporation of a company shields the officers and/or directors from liability that a company incurs. Only under exceptional circumstances will officers and directors of a company be held personally liable. However, in the construction industry under the Ontario Construction Act R.S.O. 1990, c. C.30 (the “Construction Act”),[1] the statute...Read More

What is a letter of intent? A letter of intent is a written agreement between two parties that outlines the terms and main aspects of the business arrangement.  Unlike a contractual agreement in which parties intend to be bound to the terms of the agreement, a letter of intent is meant to be a draft...Read More

Oral Agreements for Dealings with Land According to the Statute of Frauds,[1] a contract regarding the use of land must be in writing. This includes agreements for the purchase, sale, lease, etc. of land. What happens when you want to enforce an oral agreement concerning land that is not in writing? According to the Ontario...Read More

Starting early next year, new federal legislation will come into effect that prohibits foreign buyers from directly or indirectly purchasing real estate across Canada for the next two years. In response to rising real estate prices across the country, the Government of Canada has enacted the Prohibition on the Purchase of Residential Property by Non-Canadians...Read More

Renting a truck for personal use isn’t often done without the accompaniment of at least a mild level of stress. Adding on the possibility that the reservation for the vehicle may not be at the anticipated location, can result in additional time and energy for the renter. The Rights of Consumers An onslaught of complaints...Read More

There is a common misconception in real estate transactions that the seller has unequal bargaining power because they are typically the one to draft the contract. This is incorrect. In contract law, a fundamental principle, known as contra proferentem, recognizes that, where there is any ambiguity, or more than one interpretation, in a contract, that...Read More

In July of 2022, Walker Law was successful in obtaining a worldwide Mareva injunction on behalf of its client for $33 million dollars. A copy of that decision is here. A Mareva injunction is a rare and extremely difficult form of injunctive to obtain. If granted, this relief freezes the assets of the recipient, which...Read More

Many times, parties treat their obligations in real estate transitions as an afterthought, and then fail to close on transactions. These failed transactions emphasize the role and responsibility of the court in determining whether a party has violated the agreement, and to hold that party accountable. In a recent case, Tega Homes (Attika) Inc. v....Read More

The housing market has been cooling from its pandemic highs and prices are declining. As a result, many buyers may get cold feet as their closing date approaches or their financial institution has reneged on the amount that it is willing to offer as a mortgage. Prior to signing an agreement of purchase and sale,...Read More

In a lawsuit with multiple parties, a defendant may want to settle with the plaintiff to avoid the cost, time, stress, and risk of going to trial. As a result, the Canadian courts recognize Pierringer agreements, which allow one or more, but not all, defendant(s) to settle with the plaintiff and be removed from the...Read More

In Ontario, generally speaking, a party has two years to sue from the date they discovered a wrong. This is called a claim. A claim is considered discovered, for the purposes of starting a lawsuit, on the day on which the person knew that: (1) An injury or damages occurred (2) it was caused by...Read More

On February 24, 2022, the Government of Ontario issued a press release, announcing that it would propose legislation that would require large employers to tell their workers if, how and why they are being monitored, electronically. Initially, there was speculation that these proposed changes would be included in new privacy legislation, or as amendments to...Read More

One thing that all business owners should do is ensure that they have well-drafted employment contracts that clearly set out the terms of employment that exist between them and each of their employees. As employment litigation lawyers, we recommend that our clients who are employers include provisions in their employment contracts that explain what their...Read More

Judges have a broad discretion to award various remedies to parties in a lawsuit. The most commonly sought and awarded remedy is monetary damages or compensation. In some circumstances monetary compensation may be inadequate to appropriately compensate a party for the loss he or she will suffer. Therefore, judges also have the power to award...Read More

As many of you are aware, on April 28, 2021, the Government of Ontario responded to calls from members of the public and public health experts by introducing temporary paid sick leave to Ontarians in an attempt to curb the transmission of COVID-19. The Minister of Labour and Minister of Finance introduced the Bill called Bill...Read More

Many entrepreneurs begin their business with family members or friends who share a particular interest or skill set. In doing so, they often focus all of their attention growing their venture and forget the importance of reducing their agreement to writing. Many entrepreneurs may be surprised to find out that if you do not describe...Read More

There are a number of reasons why an employer may have to terminate one of their employees, especially during the ongoing uncertainty caused by the COVID-19 pandemic. The employee-employer relationship is based on an agreement between the two parties. It is important for employers to understand that this relationship is, in essence, a subset of...Read More

The COVID-19 pandemic has forced the courts and legal counsel to utilize videoconferencing platforms such as Zoom. Thanks to videoconferencing, it is no longer necessary for persons to attend appearances in person. Although, videoconferencing has its benefits and downfalls, we anticipate that the courts will continue to use virtual appearances for years to come. In...Read More

All employees have an implied duty of good faith not to disclose confidential information or trade secrets; this duty is owed regardless of whether there is a non-disclosure clause in the employment contract. The law does not usually prohibit employees from using the skills and knowledge that they acquire from a past job to a...Read More

The Supreme Court case Bhasin v. Hrynew is a landmark case that imposed a common law doctrine of good faith on parties to a contract, which requires them to act honestly in performing their contractual obligations. In Bhasin v. Hrynew, Mr. Bhasin was a director of the Canadian American Financial Corporation (“Can-Am”). He was very...Read More

In the wake of the COVID-19 pandemic, it is important to understand how you may end up in a contract litigation dispute and how to avoid these problems in the future. On October 7, 2020, Walker Law presented a webinar on contract law disputes, specifically to provide a synopsis of contract law cases applicable to...Read More

Last Thursday, Tanya Walker and Jordan Koenig of Walker Law presented a webinar to provide updates on how the pandemic has impacted employment law. Just hours after the webinar, the Minister of Finance, Chrystia Freeland, and the Minister of Employment, Carla Qualtrough, made an important announcement regarding changes to Employment Insurance (“EI”) and the introduction...Read More

The COVID-19 pandemic has caused uncertainty and has changed the way that we do business in the foreseeable future, especially when negotiating agreements. Many individuals feel the stress of negotiating during this time because of the uncertainty, a lack of alternatives, and general inequality in bargaining power. As a result, parties need to be cautious...Read More

In July 2020, the Ontario Court of Appeal released two decisions that commercial landlords should be aware of as they impact notice requirements for breach of a lease and the consequences of a landlord for improperly terminating a lease.Read More

Since the onset of the COVID-19 pandemic, there has been a great deal of uncertainty and concern regarding the matter of safety in the workplace. In mid-March, Ontario declared a State of Emergency and all non-essential businesses within the province were ordered to close on March 24, 2020.Read More

On Friday, May 29, 2020, Ontario’s government issued Regulation, O.Reg 228/20, under the Employment Standards Act (“ESA”). Its most significant effects have to do with the options that are available to employers with regard to terminating or laying off its employees due to COVID-19-related reductions in business and the rights of employees to sue for...Read More

The COVID-19 health pandemic has had a significant impact on all industries. However, there are a number of changes that are unique to the construction industry. On March 16, 2020, the Ontario government declared that all limitation periods for proceedings would be suspended.Read More

Much like the reception that greeted ride-sharing apps like Uber and Lyft when they first entered Toronto’s marketplace, there has been a great deal of controversy surrounding the short-term housing rental economy ever since apps like Airbnb gained popularity in the city. Supporters of Airbnb and other forms of short-term housing rentals argue that they...Read More

Since the beginning of 2020, the world has been concerned about the Novel Coronavirus. Coronaviruses are a group of viruses that can cause influenza-like symptoms in humans. An interesting characteristic of Coronaviruses is that they are “zoonotic”, meaning they can be transferred between humans and animals. In December of 2019, a number of cases of...Read More

Legally speaking, workers are generally classified into different categories. These classifications have very significant implications on a number of rights that workers are entitled to.Read More

The federal government recently implemented a number of changes to the Canada Labour Code which largely favours federal employees in certain industries such as banks, fisheries, telecommunications, and interprovincial transportation companies.Read More

The Pattersons hired “Joe Inc.”, a general contractor, to renovate their ground floor bathroom, kitchen, and front entranceway. As the project progressed, the Pattersons noticed a number of defects in the general contractor’s work. However, when they complained, nothing was done to resolve the problems.Read More

As a result of the large number of new housing and condominium projects, many Ontarions are taking advantage of the opportunity to purchase a newly-built home.Read More

If you are undergoing home renovations with a contractor or you are a contractor, you should note that effective October 1, 2019, several provisions under the construction law which is called the Construction Act (the “Act”) will come into force and will fundamentally change how contractors request payment from property owners.Read More

Many people are surprised at the conclusion of their lawsuit when they receive a bill from their lawyer that is much higher than they expected. If you receive a bill from your lawyer that you believe is unfair, there is a process in place to address your concerns called an assessment hearing.Read More

  According to the Toronto Real Estate Board, the average price of a condominium apartment in Toronto was $558,728 in Q4 2018. This is a sizeable investment.Read More

  On June 7, 2018, the Ontario Progressive Conservatives were elected. Since that day, the provincial government has been moving swiftly to pass and amend laws.Read More

Ontarians are spending vast sums of money renovating and repairing their residential properties. A 2017 report published by the Altus Group indicates that Ontarians spent $24.1 billion on alterations, improvements and conversions while an additional $7.5 billion was spent on repairs. Behind each repair and renovation is a contractor.Read More

Whether purchasing a commercial or residential property, the prevailing law is “buyer beware.” In other words, as a buyer, you must make appropriate inquiries about the property to discover any important information in order to satisfy yourself that the property is suitable for you.Read More

  As an employer, it is critical that you are aware of your obligations to your employees to avoid potential human rights or wrongful termination lawsuits by current or former employees on the basis of discrimination.Read More

If you are a business or service provider who asks consumers to purchase a warranty along with your product or service, beware.Read More

The Rental Fairness Act (the “RFA”) is part of Ontario’s Fair Housing Plan, a strategy released in April 2017 to provide stronger protections for tenants and promote affordable housing in Toronto. The RFA has recently made several changes to the Residential Tenancies Act (RTA) that have significant consequences for both landlords and tenants. Below we discuss two important...Read More

  Many companies offer reward points programs to thank customers for their loyalty.Read More

Managing employees is a common challenge for many business owners. Even a single employee can have a significant impact on your business’ success, particularly if you are running a small enterprise.Read More

Given the significant growth in condominium ownership in recent years, we have often wondered why a specialized board or tribunal has not been created to deal with disputes between condo boards, managers, and owners.Read More

In May, we wrote an article about changes to housing laws in Ontario which aimed to make housing in the province more affordable to buyers and renters.Read More

On April 20, 2017, the Government of Ontario made some ground-breaking changes to the housing laws of the province related to home ownership and tenancies. The new plan is intended to make housing in the province more affordable for buyers and renters alike. Below are some of the key aspects of the plan: Rent is...Read More

Ever signed a contract and now you want to back out? You may need to consider that a Court may hold you responsible for failing to complete the contract.Read More

This week’s post discusses settlement agreements (a type of contract) and how they’re interpreted by the courts. Often times, parties will attempt to revise a deal after its agreed upon by trying to insert new words or meanings that aren’t present within the four corners of the document. This is rarely a good idea.Read More

Around 28% of Ontario households rent their home.Read More

The year 2016 brings with it exciting new changes and importantly – new laws.Read More

One of the most common reasons for a lawsuit is an allegation of negligence.Read More

An unfortunate reality in litigation is that lawsuits often pit one family member against another.Read More

As a commercial litigation lawyer, most of the cases I deal with are based on breach of contract. The key issues for the judge to determine are: a) was there a contract; b) how should the contract be understood (what was each party required to do); c) was the contract breached or violated; and d)...Read More

You’ve owned your home for several years and it’s time for a new look. You draw up plans, get estimates, hire a general contractor and eagerly await the splendour of your newly-renovated home.Read More

In our final article addressing franchise law we will discuss how an individual or company involved in a franchise agreement on behalf of the franchisor, or brand owner, can be held personally responsible for damages suffered by a franchisee, or individual location owner.Read More

Last month we discussed how franchise disputes can be resolved from the perspective of the franchisor. This month, we consider the options available to the franchisee.Read More

This next series of articles will examine specific legal issues, beginning with an examination of dispute resolution in the field of franchise law.Read More